Bill Text: HI HB1624 | 2024 | Regular Session | Amended
Bill Title: Relating To Insurance.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Engrossed - Dead) 2024-04-22 - Received notice of Senate conferees (Sen. Com. No. 727). [HB1624 Detail]
Download: Hawaii-2024-HB1624-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1624 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO INSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§431:10A- Standard fertility preservation services
coverage. (a)
Each individual or group policy of accident and health or sickness
insurance issued or renewed in the State after December 31, 2024, shall
provide to the policyholder, and individuals under twenty-six years of age
covered under the policy, coverage for standard fertility preservation services
for any insured who may undergo a medically necessary treatment that may
directly or indirectly cause iatrogenic infertility.
(b) No policy that provides coverage for standard fertility preservation services as required by subsection (a) shall:
(1) Use any prior diagnosis or prior fertility treatment as a basis for excluding, limiting, or otherwise restricting the availability of the required coverage; or
(2) Discriminate based on the insured's expected length of life, present or predicted disability, degree of medical dependency, perceived quality of life, or other health conditions.
(c) Any limitations imposed by a policy shall be based on the covered individual's medical history and clinical guidelines adopted by the insurer. Any clinical guidelines used by the insurer shall be based on the current guidelines developed by the American Society of Clinical Oncology and shall not deviate from the full scope of the guidelines.
(d) As used in this section, unless the context requires otherwise:
"Iatrogenic infertility" means an impairment of fertility caused directly or indirectly by surgery, chemotherapy, radiation, or other medical treatment affecting the reproductive organs or processes.
"Medically necessary treatment that may directly or indirectly cause iatrogenic infertility" means medical treatment with a likely side effect of infertility as established by the American Society of Clinical Oncology.
"Standard
fertility preservation services" means the procedures to preserve
fertility as outlined and established according to the professional guidelines
published by the American Society of Clinical Oncology. "Standard fertility preservation
services" include the full scope of services or treatments, without any
exclusions or limitations, as defined in the most recent professional
guidelines established by the American Society of Oncology. "Standard fertility preservation
services" do not include:
(1) Any experimental procedures or other
procedures not determined to be established medical practices by the American
Society of Clinical Oncology;
(2) Third party assisted reproduction technology
procedures, including donor egg or surrogates and gestational carriers; and
(3) Any services relating to cryopreservation storage."
SECTION 2. Chapter 432, Hawaii Revised Statutes, is amended by adding a new section to article I, part VI, to be appropriately designated and to read as follows:
"§432:1- Standard fertility preservation services
coverage. (a)
Each individual or group hospital or medical service plan contract
issued or renewed in this State after December 31, 2024, shall provide to
the member, and individuals under twenty-six years of age covered under the
plan contract, coverage for standard fertility preservation services for any
covered person who may undergo a medically necessary treatment that may
directly or indirectly cause iatrogenic infertility.
(b) No plan contract that provides
coverage for standard fertility preservation services as required by subsection
(a) shall:
(1) Use any prior diagnosis or prior fertility treatment as a basis for excluding, limiting, or otherwise restricting the availability of the required coverage; or
(2) Discriminate based on the covered person's expected length of life, present or predicted disability, degree of medical dependency, perceived quality of life, or other health conditions.
(c) Any limitations imposed by a plan contract shall be based on the covered individual's medical history and clinical guidelines adopted by the mutual benefit society. Any clinical guidelines used by the mutual benefit society shall be based on the current guidelines developed by the American Society of Clinical Oncology and shall not deviate from the full scope of the guidelines.
(d) As used in this section, unless the context requires otherwise:
"Iatrogenic infertility" means an impairment of fertility caused directly or indirectly by surgery, chemotherapy, radiation, or other medical treatment affecting the reproductive organs or processes.
"Medically necessary treatment that may directly or indirectly cause iatrogenic infertility" means medical treatment with a likely side effect of infertility as established by the American Society of Clinical Oncology.
"Standard
fertility preservation services" means the procedures to preserve fertility
as outlined and established according to the professional guidelines published
by the American Society of Clinical Oncology.
"Standard fertility preservation services" include the full
scope of services or treatments, without any exclusions or limitations, as
defined in the most recent professional guidelines established by the American
Society of Oncology. "Standard
fertility preservation services" do not include:
(1) Any experimental procedures or other
procedures not determined to be established medical practices by the American
Society of Clinical Oncology;
(2) Third party assisted reproduction technology
procedures, including donor egg or surrogates and gestational carriers; and
(3) Any services relating to cryopreservation storage."
SECTION 3. Section 432D-23, Hawaii Revised Statutes, is amended to read as follows:
"§432D-23
Required provisions and benefits. Notwithstanding any provision of law to the
contrary, each policy, contract, plan, or agreement issued in the State after
January 1, 1995, by health maintenance organizations pursuant to this chapter,
shall include benefits provided in sections 431:10-212, 431:10A-115,
431:10A-115.5, 431:10A-116, 431:10A‑116.2, 431:10A-116.5, 431:10A-116.6,
431:10A-119, 431:10A-120, 431:10A-121, 431:10A-122, 431:10A-125, 431:10A-126,
431:10A-132, 431:10A-133, 431:10A-134, 431:10A-140, and [431:10A-134,]
431:10A- , and chapter 431M."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on December 31, 2050.
Report Title:
Insurance; Mandatory Coverage; Standard Fertility Preservation Services; Medically Necessary Treatment
Description:
For policies, contracts, plans, and agreements issued or renewed after 12/31/2024, requires the insurers, mutual benefit societies, and health maintenance organizations to provide coverage for standard fertility preservation services for persons undergoing medically necessary treatment that may cause iatrogenic infertility. Effective 12/31/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
